Alabama Sentencing Commission

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This detailed report covers the Alabama prison population from the 1980s to 2023, highlighting fluctuations and legislative interventions. It discusses the factors affecting prison population size and the impact of sentencing standards and reinvestment legislation. The visuals provided depict the prison population numbers, societal impacts, and funding allocations over the years.

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Alabama Sentencing Commission Greater Birmingham Criminal Defense Lawyers Association December 15, 2023

ADOC Population 1980s 1981 6,300 1989 12,400

Alabama Prison Population 1991 - 2000 22,175 21,125 19,120 18,263 18,000 17,824 17,546 16,700 16,500 16,001 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

Alabama Prison Population 2001 - 2012 26,503 26,365 26,359 26,262 25,845 25,551 2nd Parole Board 25,269 24,937 Voluntary 24,613 24,553 24,087 23,885 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

2013 Presumptive Sentencing Standards Legislation 2016 Justice Reinvestment Legislation

Alabama Prison Population 2013 - 2018 26,295 25,854 25,071 23,496 21,549 20,195 2013 2014 2015 2016 2017 2018

Alabama Prison Population 2018 - 2023 22,003 21,772 21,088 20,537 20,195 18,347 2018 2019 2020 2021 2022 2023

Alabama Prison Population 1990 - 2023 Stable? 2001 2010 2019 1992 1995 1998 2004 2007 2013 2016 2022

ADOC Population and General Fund $$ 27,000 $700,000,000 $600M 26,000 $600,000,000 25,000 $500,000,000 24,000 $400M $380M 23,000 $400,000,000 $320M 22,000 $300,000,000 $200M 21,000 $200,000,000 20,000 $100,000,000 19,000 18,000 $0 2002 2007 2012 2017 2023 GF$ Population

Prison Population Size There are only two factors that determine the size of the prison population, but both are nuanced and often controversial The number of people sentenced to prison The length of time people serve in prison

Act 2023-461 Inchoate Offense Clean-up 13A-5-6 Changes 15-18-8 Changes Probation Revocation Changes Sentencing Standards Changes Effective Date and Important Dates

Act 2023-461 Inchoate Offense Clean-up Class D Felony if the offense solicited, attempted, or if an object of the conspiracy is a Class C Felony Class A Misdemeanor if the offense solicited, attempted, or if an object of the conspiracy is a Class D Felony

Act 2023-461 13A-5-6 Changes (a)(3) For a Class C felony, not more than 10 years or less than 1 one year and 1 one day and must be in accordance with subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 or the offense is a sex offense pursuant to Section 15-20A-5. (a)(4) For a Class D felony, not more than 5 five years or less than 1 one year and 1 one day and must be in accordance with subsection (b) of Section 15-18-8.

Act 2023-461 15-18-8 Changes Class A-D Felonies with sentences <=15 years . up to a 3-year split Class A-C Felonies with sentences >15 years & <= 20 years 3 - 5 year split

Act 2023-461 15-18-8 Changes (cont.) Predicate criminal history restricting the use of jail and prison for Class D felony convictions has been removed

Act 2023-461 Probation Revocation Changes 15-22-54 (e)(1)(b) If the probation violation was for being arrested or convicted of a new offense, or absconding, or failing to successfully complete a court supervised, evidence-based treatment program, as defined in Section 12-25-32, a court ordered faith-based program, or any other court ordered rehabilitative program, the court may revoke probation and require the probationer to serve the balance of the term for which he or she was originally sentenced, or any portion thereof, in a state prison facility, calculated from the date of his or her rearrest as a delinquent probationer.

Act 2023-461 Sentencing Standards Changes 12-25-34.2 (b)(2) The Alabama Sentencing Commission shall immediately adopt modifications to the standards, worksheets, and instructions to the extent necessary to implement this act. The amendatory provisions of this act shall supersede any standards, worksheets, and instructions of the commission that are in conflict with these amendatory provisions.

Amendatory Provisions and Conflict of Act 2023-461

Act 2023-461 Effective Date Section 3. This act shall become effective on July 1, 2023, following its passage and approval by the Governor, or its otherwise becoming law. What does this mean?

Act 2023-461 Important Date Effective Date = July 1, 2023 Offense Date Controls

Act 2023-461 Important Dates If Offense Date is before July 1, 2023 October 1, 2024 Offense Date 2024 2023 Old Law applies including restrictions on Class D felonies, split lengths, and Dunks If Act 2023-461 conflicts with the Standards, the Act controls New Standards become effective

Good Time Example for 10-Year Sentence Receiving Maximum Good Time (No Jail Credit) Old CIT Law 10 years = EOS approx. 3 years 2 months Initial Parole Consideration Date = 1 year 8 months Mandatory Supervised Release = 2 years 2 months New CIT Law 10 years = EOS approx. 5 years 7 months Initial Parole Consideration Date = approx. 4 years 1 month Mandatory Supervised Release = ??

Good Time Example for 10-Year Sentence NOT Receiving Maximum Good Time (No Jail Credit) Old CIT Law (except assault w/perm loss and sex abuse of child < 17) 10 years = EOS approx. 3 years 2 months Initial Parole Consideration Date = 1 year 8 months Mandatory Supervised Release = 2 years 2 months New CIT Law 10 years = EOS approx. 7 years Initial Parole Consideration Date = approx. 5 years 6 months Mandatory Supervised Release = ??

Good Time Example for 15-Year Sentence Receiving Maximum Good Time (No Jail Credit) Old CIT Law 15 years = EOS approx. 4 years 8 months Initial Parole Consideration Date = 2 years 2 months Mandatory Supervised Release = 3 years 8 months New CIT Law 15 years = EOS approx. 8 years 2 months Initial Parole Consideration Date = approx. 5 years 8 months Mandatory Supervised Release = ??

Good Time Example for 15-Year Sentence NOT Receiving Maximum Good Time (No Jail Credit) Old CIT Law (except assault w/perm loss and sex abuse of child < 17) 15 years = EOS approx. 4 years 8 months Initial Parole Consideration Date = 2 years 2 months Mandatory Supervised Release = 3 years 8 months New CIT Law 15 years = EOS approx. 12 years Initial Parole Consideration Date = approx. 9 years 6 months Mandatory Supervised Release = ??

14-9-41(g)(1) For prisoners receiving correctional incentive time, the term of supervision required pursuant to Section 15-22-26.2, shall not further reduce the term of imprisonment except where the minimum required term of supervision would exceed the correctional incentive time accrued.